Bill Text: NY S06272 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the alcoholic beverage control enforcement fund to provide moneys to the state liquor authority to perform its duties; provides that 1/2 of the moneys from alcoholic beverage license fees shall be paid into such fund.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06272 Detail]

Download: New_York-2009-S06272-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6272
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   November 6, 2009
                                      ___________
       Introduced  by  Sens.  C. JOHNSON,  LITTLE,  VALESKY  --  read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Rules
       AN ACT to amend the alcoholic beverage control law and the state finance
         law,  in  relation  to  establishing  the  alcoholic  beverage control
         enforcement fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  125  of  the  alcoholic  beverage control law is
    2  amended to read as follows:
    3    S 125. Disposition of moneys received for license fees.    The  moneys
    4  received  for  license fees provided for in this chapter shall be turned
    5  over by the liquor authority to the state comptroller. [It] ONE-HALF  OF
    6  SUCH MONEYS shall be placed by the state comptroller in the fund derived
    7  from  the proceeds of the taxes on liquor, wine and beer provided for in
    8  article eighteen of the tax law and become a part thereof and be subject
    9  to all of the provisions of law relating to  such  fund.  THE  REMAINING
   10  ONE-HALF  OF  SUCH MONEYS SHALL BE DEPOSITED BY THE STATE COMPTROLLER IN
   11  AND CREDITED TO THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT  FUND  ESTAB-
   12  LISHED PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
   13    S  2.  The  state finance law is amended by adding a new section 81 to
   14  read as follows:
   15    S 81. ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND. 1. THERE IS  HEREBY
   16  ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
   17  FINANCE AND THE STATE COMPTROLLER, A SPECIAL FUND TO  BE  KNOWN  AS  THE
   18  "ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND".
   19    2.  THE  ALCOHOLIC  BEVERAGE CONTROL ENFORCEMENT FUND SHALL CONSIST OF
   20  ALL MONEYS RECEIVED BY THE STATE COMPTROLLER FOR DEPOSIT  IN  SUCH  FUND
   21  PURSUANT  TO  SECTION  ONE HUNDRED TWENTY-FIVE OF THE ALCOHOLIC BEVERAGE
   22  CONTROL LAW AND ANY OTHER MONEYS MADE AVAILABLE FOR THE PURPOSES OF  THE
   23  FUND.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14785-01-9
       S. 6272                             2
    1    3.  MONEYS IN THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND SHALL BE
    2  KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS  IN  THE
    3  CUSTODY OF THE COMPTROLLER.
    4    4. THE MONEYS OF THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND SHALL
    5  BE  MADE  AVAILABLE  TO  THE  STATE LIQUOR AUTHORITY FOR THE PURPOSES OF
    6  IMPLEMENTING AND ENFORCING THE  PROVISIONS  OF  THE  ALCOHOLIC  BEVERAGE
    7  CONTROL LAW.
    8    S 3. This act shall take effect immediately.